Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 2819 

(g) Inspection 

Within 1,000 flight hours after the effective 

date of this AD: Do a detailed inspection of 

the bonding lead routing above the 120VU 

shelf for damage (i.e., wire chafing, evidence 

of burning) or incorrect routing, in 

accordance with the Accomplishment 

Instructions of ATR Service Bulletin ATR42– 

92–0025, dated November 7, 2013 (for Model 

ATR42–500 airplanes); or ATR Service 

Bulletin ATR72–92–1034, dated November 7, 

2013 (for Model ATR72–212A airplanes). 

(h) Corrective Actions 

(1) If, during the inspection required by 

paragraph (g) of this AD, any incorrect 

routing is found: Before further flight, modify 

the bonding lead routing above the 120VU 

shelf, in accordance with the 

Accomplishment Instructions of ATR Service 

Bulletin ATR42–92–0025, dated November 7, 

2013 (for Model ATR42–500 airplanes); or 

ATR Service Bulletin ATR72–92–1034, dated 

November 7, 2013 (for Model ATR72–212A 

airplanes). 

(2) If, during the inspection required by 

paragraph (g) of this AD, any damage (i.e., 

wire chafing, evidence of burning) is found: 

Before further flight, repair using a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1137; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or ATR—GIE Avions de Transport 

Re ́gional’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(j) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2014–0056, dated March 7, 2014, 

for related information. This MCAI may be 

found in the AD docket on the Internet at 

http://www.regulations.gov/ 

#!documentDetail;D=FAA-2014-0530-0002. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) ATR Service Bulletin ATR42–92–0025, 

dated November 7, 2013. 

(ii) ATR Service Bulletin ATR72–92–1034, 

dated November 7, 2013. 

(3) For service information identified in 

this AD, contact ATR—GIE Avions de 

Transport Re ́gional, 1, Alle ́e Pierre Nadot, 

31712 Blagnac Cedex, France; telephone +33 

(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; 

email continued.airworthiness@atr.fr; 

Internet http://www.aerochain.com. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 19, 2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–30914 Filed 1–20–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 50 

[Docket No. 145; AG Order No. 3486–2015] 

Policy Regarding Obtaining 

Information From, or Records of, 

Members of the News Media; and 

Regarding Questioning, Arresting, or 

Charging Members of the News Media 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends the policy 

of the Department of Justice regarding 

the use of subpoenas, certain court 

orders, and search warrants, to obtain 

information from, or records of, 

members of the news media. The rule 

also amends the Department’s policy 

regarding questioning, arresting, or 

charging members of the news media. 

DATES: This rule is effective on January 

21, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Monique Roth, Director, Office of 

Enforcement Operations, Criminal 

Division, (202) 514–6809. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 21, 2014, the Attorney 

General issued revisions to the 

Department’s policy regarding obtaining 

information from, or records of, 

members of the news media; and 

regarding questioning, arresting, or 

charging members of the news media. In 

response to comments from federal 

prosecutors and other interested parties, 

including news media representatives, 

the Attorney General is issuing this final 

rule to revise the existing provisions in 

the Department’s regulations at 28 CFR 

50.10. 

Most of the revisions are intended to 

ensure both consistent interpretation 

and application of the policy and the 

highest level of oversight when 

members of the Department seek to 

obtain information from, or records of, 

a member of the news media. Other 

substantive revisions are intended to 

clarify the scope of the policy. 

Regulatory Certifications 

Administrative Procedure Act, 5 U.S.C. 

553 

Because, for purposes of the 

Administrative Procedure Act, this 

regulation concerns general statements 

of policy, or rules of agency 

organization, procedure, or practice, 

notice and comment and a delayed 

effective date are not required. See 5 

U.S.C. 553(b)(A). 

Regulatory Flexibility Act 

Because this final rule is not 

promulgated as a final rule under 5 

U.S.C. 553 and was not required under 

that section to be published as a 

proposed rule, the requirements for the 

preparation of a regulatory flexibility 

analysis under 5 U.S.C. 604(a) do not 

apply. In any event, the Attorney 

General, in accordance with 5 U.S.C. 

605(b), has reviewed this regulation and 

by approving it certifies that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities because it 

pertains to administrative matters 

affecting the Department. 


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2820 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 

Executive Orders 12866 and 13563— 

Regulatory Planning and Review 

This action has been drafted and 

reviewed in accordance with Executive 

Order 12866 of September 30, 1993, 

Regulatory Planning and Review, 

section 1(b), Principles of Regulation. 

This rule is limited to agency 

organization, management, or personnel 

matters as described by section 3(d)(3) 

of Executive Order 12866, and therefore 

is not a ‘‘regulation’’ as defined by that 

Executive Order. Accordingly, this 

action has not been reviewed by the 

Office of Management and Budget. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988 of 

February 5, 1996. 

Executive Order 13132—Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

of August 4, 1999, this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism assessment. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995, Public Law 104–4. 

Congressional Review Act 

This action pertains to agency 

management and does not substantially 

affect the rights or obligations of nonagency parties; accordingly, this action 

is not a ‘‘rule’’ as that term is used by 

the Congressional Review Act (Subtitle 

E of the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 50 

Administrative practice and 

procedure, Crime, News, Media, 

Subpoena, Search warrants. 

Accordingly, for the reasons stated in 

the preamble, part 50 of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 50—STATEMENTS OF POLICY 

■ 1. The authority citation for part 50 

continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 1162; 28 

U.S.C. 509, 510, 516, and 519; 42 U.S.C. 1921 

et seq., 1973c; and Pub. L. 107–273, 116 Stat. 

1758, 1824. 

■ 2. Section 50.10 is revised to read as 

follows: 

§ 50.10 Policy regarding obtaining 

information from, or records of, members of 

the news media; and regarding questioning, 

arresting, or charging members of the news 

media. 

(a) Statement of principles. (1) 

Because freedom of the press can be no 

broader than the freedom of members of 

the news media to investigate and report 

the news, the Department’s policy is 

intended to provide protection to 

members of the news media from 

certain law enforcement tools, whether 

criminal or civil, that might 

unreasonably impair newsgathering 

activities. The policy is not intended to 

extend special protections to members 

of the news media who are subjects or 

targets of criminal investigations for 

conduct not based on, or within the 

scope of, newsgathering activities. 

(2) In determining whether to seek 

information from, or records of, 

members of the news media, the 

approach in every instance must be to 

strike the proper balance among several 

vital interests: Protecting national 

security, ensuring public safety, 

promoting effective law enforcement 

and the fair administration of justice, 

and safeguarding the essential role of 

the free press in fostering government 

accountability and an open society. 

(3) The Department views the use of 

certain law enforcement tools, including 

subpoenas, court orders issued pursuant 

to 18 U.S.C. 2703(d) or 3123, and search 

warrants to seek information from, or 

records of, non-consenting members of 

the news media as extraordinary 

measures, not standard investigatory 

practices. In particular, subpoenas or 

court orders issued pursuant to 18 

U.S.C. 2703(d) or 3123 may be used, 

after authorization by the Attorney 

General, or by another senior official in 

accordance with the exceptions set forth 

in paragraph (c)(3) of this section, only 

to obtain information from, or records 

of, members of the news media when 

the information sought is essential to a 

successful investigation, prosecution, or 

litigation; after all reasonable alternative 

attempts have been made to obtain the 

information from alternative sources; 

and after negotiations with the affected 

member of the news media have been 

pursued and appropriate notice to the 

affected member of the news media has 

been provided, unless the Attorney 

General determines that, for compelling 

reasons, such negotiations or notice 

would pose a clear and substantial 

threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. 

(4) When the Attorney General has 

authorized the use of a subpoena, court 

order issued pursuant to 18 U.S.C. 

2703(d) or 3123, or warrant to obtain 

from a third party communications 

records or business records of a member 

of the news media, the affected member 

of the news media shall be given 

reasonable and timely notice of the 

Attorney General’s determination before 

the use of the subpoena, court order, or 

warrant, unless the Attorney General 

determines that, for compelling reasons, 

such notice would pose a clear and 

substantial threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. 

(b) Scope.—(1) Covered individuals 

and entities. (i) The policy governs the 

use of certain law enforcement tools to 

obtain information from, or records of, 

members of the news media. 

(ii) The protections of the policy do 

not extend to any individual or entity 

where there are reasonable grounds to 

believe that the individual or entity is— 

(A) A foreign power or agent of a 

foreign power, as those terms are 

defined in section 101 of the Foreign 

Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801); 

(B) A member or affiliate of a foreign 

terrorist organization designated under 

section 219(a) of the Immigration and 

Nationality Act (8 U.S.C. 1189(a)); 

(C) Designated as a Specially 

Designated Global Terrorist by the 

Department of the Treasury under 

Executive Order 13224 of September 23, 

2001 (66 FR 49079); 

(D) A specially designated terrorist as 

that term is defined in 31 CFR 595.311 

(or any successor thereto); 

(E) A terrorist organization as that 

term is defined in section 

212(a)(3)(B)(vi) of the Immigration and 

Nationality Act (8 U.S.C. 

1182(a)(3)(B)(vi)); 

(F) Committing or attempting to 

commit a crime of terrorism, as that 

offense is described in 18 U.S.C. 2331(5) 

or 2332b(g)(5); 

(G) Committing or attempting the 

crime of providing material support or 


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resources to terrorists, as that offense is 

defined in 18 U.S.C. 2339A; or 

(H) Aiding, abetting, or conspiring in 

illegal activity with a person or 

organization described in paragraphs 

(b)(1)(ii)(A) through (G) of this section. 

(2) Covered law enforcement tools and 

records. (i) The policy governs the use 

by law enforcement authorities of 

subpoenas or, in civil matters, other 

similar compulsory process such as a 

civil investigative demand (collectively 

‘‘subpoenas’’) to obtain information 

from members of the news media, 

including documents, testimony, and 

other materials; and the use by law 

enforcement authorities of subpoenas, 

or court orders issued pursuant to 18 

U.S.C. 2703(d) (‘‘2703(d) order’’) or 18 

U.S.C. 3123 (‘‘3123 order’’), to obtain 

from third parties ‘‘communications 

records’’ or ‘‘business records’’ of 

members of the news media. 

(ii) The policy also governs 

applications for warrants to search the 

premises or property of members of the 

news media, pursuant to Federal Rule of 

Criminal Procedure 41; or to obtain from 

third-party ‘‘communication service 

providers’’ the communications records 

or business records of members of the 

news media, pursuant to 18 U.S.C. 

2703(a) and (b). 

(3) Definitions. (i)(A) 

‘‘Communications records’’ include the 

contents of electronic communications 

as well as source and destination 

information associated with 

communications, such as email 

transaction logs and local and long 

distance telephone connection records, 

stored or transmitted by a third-party 

communication service provider with 

which the member of the news media 

has a contractual relationship. 

(B) Communications records do not 

include information described in 18 

U.S.C. 2703(c)(2)(A), (B), (D), (E), and 

(F). 

(ii) A ‘‘communication service 

provider’’ is a provider of an electronic 

communication service or remote 

computing service as defined, 

respectively, in 18 U.S.C. 2510(15) and 

18 U.S.C. 2711(2). 

(iii) (A) ‘‘Business records’’ include 

work product and other documentary 

materials, and records of the activities, 

including the financial transactions, of a 

member of the news media related to 

the coverage, investigation, or reporting 

of news. Business records are limited to 

those generated or maintained by a third 

party with which the member of the 

news media has a contractual 

relationship, and which could provide 

information about the newsgathering 

techniques or sources of a member of 

the news media. 

(B) Business records do not include 

records unrelated to newsgathering 

activities, such as those related to the 

purely commercial, financial, 

administrative, or technical, operations 

of a news media entity. 

(C) Business records do not include 

records that are created or maintained 

either by the government or by a 

contractor on behalf of the government. 

(c) Issuing subpoenas to members of 

the news media, or using subpoenas or 

court orders issued pursuant to 18 

U.S.C. 2703(d) or 3123 to obtain from 

third parties communications records or 

business records of a member of the 

news media. (1) Except as set forth in 

paragraph (c)(3) of this section, 

members of the Department must obtain 

the authorization of the Attorney 

General to issue a subpoena to a 

member of the news media; or to use a 

subpoena, 2703(d) order, or 3123 order 

to obtain from a third party 

communications records or business 

records of a member of the news media. 

(2) Requests for the authorization of 

the Attorney General for the issuance of 

a subpoena to a member of the news 

media, or to use a subpoena, 2703(d) 

order, or 3123 order to obtain 

communications records or business 

records of a member of the news media, 

must be personally endorsed by the 

United States Attorney or Assistant 

Attorney General responsible for the 

matter. 

(3) Exceptions to the Attorney General 

authorization requirement. (i)(A) A 

United States Attorney or Assistant 

Attorney General responsible for the 

matter may authorize the issuance of a 

subpoena to a member of the news 

media (e.g., for documents, video or 

audio recordings, testimony, or other 

materials) if the member of the news 

media expressly agrees to provide the 

requested information in response to a 

subpoena. This exception applies, but is 

not limited, to both published and 

unpublished materials and aired and 

unaired recordings. 

(B) In the case of an authorization 

under paragraph (c)(3)(i)(A) of this 

section, the United States Attorney or 

Assistant Attorney General responsible 

for the matter shall provide notice to the 

Director of the Criminal Division’s 

Office of Enforcement Operations 

within 10 business days of the 

authorization of the issuance of the 

subpoena. 

(ii) In light of the intent of this policy 

to protect freedom of the press, 

newsgathering activities, and 

confidential news media sources, 

authorization of the Attorney General 

will not be required of members of the 

Department in the following 

circumstances: 

(A) To issue subpoenas to news media 

entities for purely commercial, 

financial, administrative, technical, or 

other information unrelated to 

newsgathering activities; or for 

information or records relating to 

personnel not involved in 

newsgathering activities. 

(B) To issue subpoenas to members of 

the news media for information related 

to public comments, messages, or 

postings by readers, viewers, customers, 

or subscribers, over which the member 

of the news media does not exercise 

editorial control prior to publication. 

(C) To use subpoenas to obtain 

information from, or to use subpoenas, 

2703(d) orders, or 3123 orders to obtain 

communications records or business 

records of, members of the news media 

who may be perpetrators or victims of, 

or witnesses to, crimes or other events, 

when such status (as a perpetrator, 

victim, or witness) is not based on, or 

within the scope of, newsgathering 

activities. 

(iii) In the circumstances identified in 

paragraphs (c)(3)(ii)(A) through (C) of 

this section, the United States Attorney 

or Assistant Attorney General 

responsible for the matter must— 

(A) Authorize the use of the subpoena 

or court order; 

(B) Consult with the Criminal 

Division regarding appropriate review 

and safeguarding protocols; and 

(C) Provide a copy of the subpoena or 

court order to the Director of the Office 

of Public Affairs and to the Director of 

the Criminal Division’s Office of 

Enforcement Operations within 10 

business days of the authorization. 

(4) Considerations for the Attorney 

General in determining whether to 

authorize the issuance of a subpoena to 

a member of the news media. (i) In 

matters in which a member of the 

Department determines that a member 

of the news media is a subject or target 

of an investigation relating to an offense 

committed in the course of, or arising 

out of, newsgathering activities, the 

member of the Department requesting 

Attorney General authorization to issue 

a subpoena to a member of the news 

media shall provide all facts necessary 

for determinations by the Attorney 

General regarding both whether the 

member of the news media is a subject 

or target of the investigation and 

whether to authorize the issuance of 

such subpoena. If the Attorney General 

determines that the member of the news 

media is a subject or target of an 

investigation relating to an offense 

committed in the course of, or arising 

out of, newsgathering activities, the 


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2822 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 

Attorney General’s determination 

regarding the issuance of the proposed 

subpoena should take into account the 

principles reflected in paragraph (a) of 

this section, but need not take into 

account the considerations identified in 

paragraphs (c)(4)(ii) through (viii) of this 

section. 

(ii)(A) In criminal matters, there 

should be reasonable grounds to believe, 

based on public information, or 

information from non-media sources, 

that a crime has occurred, and that the 

information sought is essential to a 

successful investigation or prosecution. 

The subpoena should not be used to 

obtain peripheral, nonessential, or 

speculative information. 

(B) In civil matters, there should be 

reasonable grounds to believe, based on 

public information or information from 

non-media sources, that the information 

sought is essential to the successful 

completion of the investigation or 

litigation in a case of substantial 

importance. The subpoena should not 

be used to obtain peripheral, 

nonessential, cumulative, or speculative 

information. 

(iii) The government should have 

made all reasonable attempts to obtain 

the information from alternative, nonmedia sources. 

(iv)(A) The government should have 

pursued negotiations with the affected 

member of the news media, unless the 

Attorney General determines that, for 

compelling reasons, such negotiations 

would pose a clear and substantial 

threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. Where the nature of the 

investigation permits, the government 

should have explained to the member of 

the news media the government’s needs 

in a particular investigation or 

prosecution, as well as its willingness to 

address the concerns of the member of 

the news media. 

(B) The obligation to pursue 

negotiations with the affected member 

of the news media, unless excused by 

the Attorney General, is not intended to 

conflict with the requirement that 

members of the Department secure 

authorization from the Attorney General 

to question a member of the news media 

as required in paragraph (f)(1) of this 

section. Accordingly, members of the 

Department do not need to secure 

authorization from the Attorney General 

to pursue negotiations. 

(v) The proposed subpoena generally 

should be limited to the verification of 

published information and to such 

surrounding circumstances as relate to 

the accuracy of the published 

information. 

(vi) In investigations or prosecutions 

of unauthorized disclosures of national 

defense information or of classified 

information, where the Director of 

National Intelligence, after consultation 

with the relevant Department or agency 

head(s), certifies to the Attorney General 

the significance of the harm raised by 

the unauthorized disclosure and that the 

information disclosed was properly 

classified and reaffirms the intelligence 

community’s continued support for the 

investigation or prosecution, the 

Attorney General may authorize 

members of the Department, in such 

investigations, to issue subpoenas to 

members of the news media. The 

certification, which the Attorney 

General should take into account along 

with other considerations identified in 

paragraphs (c)(4)(ii) through (viii) of this 

section, will be sought not more than 30 

days prior to the submission of the 

approval request to the Attorney 

General. 

(vii) Requests should be treated with 

care to avoid interference with 

newsgathering activities and to avoid 

claims of harassment. 

(viii) The proposed subpoena should 

be narrowly drawn. It should be 

directed at material and relevant 

information regarding a limited subject 

matter, should cover a reasonably 

limited period of time, should avoid 

requiring production of a large volume 

of material, and should give reasonable 

and timely notice of the demand. 

(5) Considerations for the Attorney 

General in determining whether to 

authorize the use of a subpoena, 

2703(d) order, or 3123 order to obtain 

from third parties the communications 

records or business records of a member 

of the news media. (i) In matters in 

which a member of the Department 

determines that a member of the news 

media is a subject or target of an 

investigation relating to an offense 

committed in the course of, or arising 

out of, newsgathering activities, the 

member of the Department requesting 

Attorney General authorization to use a 

subpoena, 2703(d) order, or 3123 order 

to obtain from a third party the 

communications records or business 

records of a member of the news media 

shall provide all facts necessary for 

determinations by the Attorney General 

regarding both whether the member of 

the news media is a subject or target of 

the investigation and whether to 

authorize the use of such subpoena or 

order. If the Attorney General 

determines that the member of the news 

media is a subject or target of an 

investigation relating to an offense 

committed in the course of, or arising 

out of, newsgathering activities, the 

Attorney General’s determination 

regarding the use of the proposed 

subpoena or order should take into 

account the principles reflected in 

paragraph (a) of this section, but need 

not take into account the considerations 

identified in paragraphs (c)(5)(ii) 

through (viii) of this section. 

(ii)(A) In criminal matters, there 

should be reasonable grounds to believe, 

based on public information, or 

information from non-media sources, 

that a crime has been committed, and 

that the information sought is essential 

to the successful investigation or 

prosecution of that crime. The subpoena 

or court order should not be used to 

obtain peripheral, nonessential, 

cumulative, or speculative information. 

(B) In civil matters, there should be 

reasonable grounds to believe, based on 

public information, or information from 

non-media sources, that the information 

sought is essential to the successful 

completion of the investigation or 

litigation in a case of substantial 

importance. The subpoena should not 

be used to obtain peripheral, 

nonessential, cumulative, or speculative 

information. 

(iii) The use of a subpoena or court 

order to obtain from a third party 

communications records or business 

records of a member of the news media 

should be pursued only after the 

government has made all reasonable 

attempts to obtain the information from 

alternative sources. 

(iv)(A) The government should have 

pursued negotiations with the affected 

member of the news media unless the 

Attorney General determines that, for 

compelling reasons, such negotiations 

would pose a clear and substantial 

threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. 

(B) The obligation to pursue 

negotiations with the affected member 

of the news media, unless excused by 

the Attorney General, is not intended to 

conflict with the requirement that 

members of the Department secure 

authorization from the Attorney General 

to question a member of the news media 

as set forth in paragraph (f)(1) of this 

section. Accordingly, members of the 

Department do not need to secure 

authorization from the Attorney General 

to pursue negotiations. 

(v) In investigations or prosecutions of 

unauthorized disclosures of national 

defense information or of classified 

information, where the Director of 

National Intelligence, after consultation 


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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 2823 

with the relevant Department or agency 

head(s), certifies to the Attorney General 

the significance of the harm raised by 

the unauthorized disclosure and that the 

information disclosed was properly 

classified and reaffirms the intelligence 

community’s continued support for the 

investigation or prosecution, the 

Attorney General may authorize 

members of the Department, in such 

investigations, to use subpoenas or court 

orders issued pursuant to 18 U.S.C. 

2703(d) or 3123 to obtain 

communications records or business 

records of a member of the news media. 

The certification, which the Attorney 

General should take into account along 

with the other considerations identified 

in paragraph (c)(5) of this section, will 

be sought not more than 30 days prior 

to the submission of the approval 

request to the Attorney General. 

(vi) Requests should be treated with 

care to avoid interference with 

newsgathering activities and to avoid 

claims of harassment. 

(vii) The proposed subpoena or court 

order should be narrowly drawn. It 

should be directed at material and 

relevant information regarding a limited 

subject matter, should cover a 

reasonably limited period of time, and 

should avoid requiring production of a 

large volume of material. 

(viii) If appropriate, investigators 

should propose to use search protocols 

designed to minimize intrusion into 

potentially protected materials or 

newsgathering activities unrelated to the 

investigation, including but not limited 

to keyword searches (for electronic 

searches) and filter teams (reviewing 

teams separate from the prosecution and 

investigative teams). 

(6) When the Attorney General has 

authorized the issuance of a subpoena to 

a member of the news media; or the use 

of a subpoena, 2703(d) order, or 3123 

order to obtain from a third party 

communications records or business 

records of a member of the news media, 

members of the Department must 

consult with the Criminal Division 

before moving to compel compliance 

with any such subpoena or court order. 

(d) Applying for warrants to search 

the premises, property, communications 

records, or business records of members 

of the news media. (1) Except as set 

forth in paragraph (d)(4) of this section, 

members of the Department must obtain 

the authorization of the Attorney 

General to apply for a warrant to search 

the premises, property, communications 

records, or business records of a 

member of the news media. 

(2) All requests for authorization of 

the Attorney General to apply for a 

warrant to search the premises, 

property, communications records, or 

business records of a member of the 

news media must be personally 

endorsed by the United States Attorney 

or Assistant Attorney General 

responsible for the matter. 

(3) In determining whether to 

authorize an application for a warrant to 

search the premises, property, 

communications records, or business 

records of a member of the news media, 

the Attorney General should take into 

account the considerations identified in 

paragraph (c)(5) of this section. 

(4) Members of the Department may 

apply for a warrant to obtain work 

product materials or other documentary 

materials of a member of the news 

media pursuant to the ‘‘suspect 

exception’’ of the Privacy Protection Act 

(‘‘PPA suspect exception’’), 42 U.S.C. 

2000aa(a)(1), (b)(1), when the member of 

the news media is a subject or target of 

a criminal investigation for conduct not 

based on, or within the scope of, 

newsgathering activities. In such 

instances, members of the Department 

must secure authorization from a 

Deputy Assistant Attorney General for 

the Criminal Division. 

(5) Members of the Department 

should not be authorized to apply for a 

warrant to obtain work product 

materials or other documentary 

materials of a member of the news 

media under the PPA suspect exception, 

42 U.S.C. 2000aa(a)(1), (b)(1), if the sole 

purpose is to further the investigation of 

a person other than the member of the 

news media. 

(6) A Deputy Assistant Attorney 

General for the Criminal Division may 

authorize, under an applicable PPA 

exception, an application for a warrant 

to search the premises, property, 

communications records, or business 

records of an individual other than a 

member of the news media, but who is 

reasonably believed to have ‘‘a purpose 

to disseminate to the public a 

newspaper, book, broadcast, or other 

similar form of public communication.’’ 

42 U.S.C. 2000aa(a), (b). 

(7) In executing a warrant authorized 

by the Attorney General or by a Deputy 

Assistant Attorney General for the 

Criminal Division investigators should 

use search protocols designed to 

minimize intrusion into potentially 

protected materials or newsgathering 

activities unrelated to the investigation, 

including but not limited to keyword 

searches (for electronic searches) and 

filter teams. 

(e) Notice to affected member of the 

news media. (1)(i) In matters in which 

the Attorney General has both 

determined that a member of the news 

media is a subject or target of an 

investigation relating to an offense 

committed in the course of, or arising 

out of, newsgathering activities, and 

authorized the use of a subpoena, court 

order, or warrant to obtain from a third 

party the communications records or 

business records of a member of the 

news media pursuant to paragraph 

(c)(4)(i), (c)(5)(i), or (d)(1) of this section, 

members of the Department are not 

required to provide notice of the 

Attorney General’s authorization to the 

affected member of the news media. The 

Attorney General nevertheless may 

direct that notice be provided. 

(ii) If the Attorney General does not 

direct that notice be provided, the 

United States Attorney or Assistant 

Attorney General responsible for the 

matter shall provide to the Attorney 

General every 90 days an update 

regarding the status of the investigation, 

which update shall include an 

assessment of any harm to the 

investigation that would be caused by 

providing notice to the affected member 

of the news media. The Attorney 

General shall consider such update in 

determining whether to direct that 

notice be provided. 

(2)(i) Except as set forth in paragraph 

(e)(1) of this section, when the Attorney 

General has authorized the use of a 

subpoena, court order, or warrant to 

obtain from a third party 

communications records or business 

records of a member of the news media, 

the affected member of the news media 

shall be given reasonable and timely 

notice of the Attorney General’s 

determination before the use of the 

subpoena, court order, or warrant, 

unless the Attorney General determines 

that, for compelling reasons, such notice 

would pose a clear and substantial 

threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. 

(ii) The mere possibility that notice to 

the affected member of the news media, 

and potential judicial review, might 

delay the investigation is not, on its 

own, a compelling reason to delay 

notice. 

(3) When the Attorney General has 

authorized the use of a subpoena, court 

order, or warrant to obtain 

communications records or business 

records of a member of the news media, 

and the affected member of the news 

media has not been given notice, 

pursuant to paragraph (e)(2) of this 

section, of the Attorney General’s 

determination before the use of the 

subpoena, court order, or warrant, the 

United States Attorney or Assistant 

Attorney General responsible for the 


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2824 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 

matter shall provide to the affected 

member of the news media notice of the 

order or warrant as soon as it is 

determined that such notice will no 

longer pose a clear and substantial 

threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. In any event, such notice shall 

occur within 45 days of the 

government’s receipt of any return made 

pursuant to the subpoena, court order, 

or warrant, except that the Attorney 

General may authorize delay of notice 

for an additional 45 days if he or she 

determines that, for compelling reasons, 

such notice would pose a clear and 

substantial threat to the integrity of the 

investigation, risk grave harm to 

national security, or present an 

imminent risk of death or serious bodily 

harm. No further delays may be sought 

beyond the 90-day period. 

(4) The United States Attorney or 

Assistant Attorney General responsible 

for the matter shall provide to the 

Director of the Office of Public Affairs 

and to the Director of the Criminal 

Division’s Office of Enforcement 

Operations a copy of any notice to be 

provided to a member of the news 

media whose communications records 

or business records were sought or 

obtained at least 10 business days before 

such notice is provided to the affected 

member of the news media, and 

immediately after such notice is, in fact, 

provided to the affected member of the 

news media. 

(f) Questioning, arresting, or charging 

members of the news media. (1) No 

member of the Department shall subject 

a member of the news media to 

questioning as to any offense that he or 

she is suspected of having committed in 

the course of, or arising out of, 

newsgathering activities without first 

providing notice to the Director of the 

Office of Public Affairs and obtaining 

the express authorization of the 

Attorney General. The government need 

not view the member of the news media 

as a subject or target of an investigation, 

or have the intent to prosecute the 

member of the news media, to trigger 

the requirement that the Attorney 

General must authorize such 

questioning. 

(2) No member of the Department 

shall seek a warrant for an arrest, or 

conduct an arrest, of a member of the 

news media for any offense that he or 

she is suspected of having committed in 

the course of, or arising out of, 

newsgathering activities without first 

providing notice to the Director of the 

Office of Public Affairs and obtaining 

the express authorization of the 

Attorney General. 

(3) No member of the Department 

shall present information to a grand jury 

seeking a bill of indictment, or file an 

information, against a member of the 

news media for any offense that he or 

she is suspected of having committed in 

the course of, or arising out of 

newsgathering activities, without first 

providing notice to the Director of the 

Office of Public Affairs and obtaining 

the express authorization of the 

Attorney General. 

(4) In requesting the Attorney 

General’s authorization to question, to 

seek an arrest warrant for or to arrest, or 

to present information to a grand jury 

seeking an indictment or to file an 

information against, a member of the 

news media as provided in paragraphs 

(f)(1) through (3) of this section, 

members of the Department shall 

provide all facts necessary for a 

determination by the Attorney General. 

(5) In determining whether to grant a 

request for authorization to question, to 

seek an arrest warrant for or to arrest, or 

to present information to a grand jury 

seeking an indictment or to file an 

information against, a member of the 

news media, the Attorney General 

should take into account the 

considerations reflected in the 

Statement of Principles in paragraph (a) 

of this section. 

(g) Exigent circumstances. (1)(i) A 

Deputy Assistant Attorney General for 

the Criminal Division may authorize the 

use of a subpoena or court order, as 

described in paragraph (c) of this 

section, or the questioning, arrest, or 

charging of a member of the news 

media, as described in paragraph (f) of 

this section, if he or she determines that 

the exigent use of such law enforcement 

tool or technique is necessary to prevent 

or mitigate an act of terrorism; other acts 

that are reasonably likely to cause 

significant and articulable harm to 

national security; death; kidnapping; 

substantial bodily harm; conduct that 

constitutes a specified offense against a 

minor (for example, as those terms are 

defined in section 111 of the Adam 

Walsh Child Protection and Safety Act 

of 2006, 42 U.S.C. 16911), or an attempt 

or conspiracy to commit such a criminal 

offense; or incapacitation or destruction 

of critical infrastructure (for example, as 

defined in section 1016(e) of the USA 

PATRIOT Act, 42 U.S.C. 5195c(e)). 

(ii) A Deputy Assistant Attorney 

General for the Criminal Division may 

authorize an application for a warrant, 

as described in paragraph (d) of this 

section, if there is reason to believe that 

the immediate seizure of the materials at 

issue is necessary to prevent the death 

of, or serious bodily injury to, a human 

being, as provided in 42 U.S.C. 

2000aa(a)(2) and (b)(2). 

(2) Within 10 business days of the 

approval by a Deputy Assistant Attorney 

General for the Criminal Division of a 

request under paragraph (g) of this 

section, the United States Attorney or 

Assistant Attorney General responsible 

for the matter shall provide to the 

Attorney General and to the Director of 

the Office of Public Affairs a statement 

containing the information that would 

have been provided in a request for 

prior authorization. 

(h) Safeguarding. Any information or 

records obtained from members of the 

news media or from third parties 

pursuant to this policy shall be closely 

held so as to prevent disclosure of the 

information to unauthorized persons or 

for improper purposes. Members of the 

Department should consult the United 

States Attorneys’ Manual for specific 

guidance regarding the safeguarding of 

information or records obtained from 

members of the news media or from 

third parties pursuant to this policy. 

(i) Failure to comply with policy. 

Failure to obtain the prior approval of 

the Attorney General, as required by this 

policy, may constitute grounds for an 

administrative reprimand or other 

appropriate disciplinary action. 

(j) General provision. This policy is 

not intended to, and does not, create 

any right or benefit, substantive or 

procedural, enforceable at law or in 

equity by any party against the United 

States, its departments, agencies, or 

entities, its officers, employees, or 

agents, or any other person. 

Dated: January 14, 2015. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2015–00919 Filed 1–20–15; 8:45 am] 

BILLING CODE 4410–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0654] 

RIN 1625–AA00 

Safety Zone; SFOBB Demolition Safety 

Zone, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of the San 


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